The ACIT, Circle-1, Bhavnagar V. Shri Nilesh M. Parekh, Bhavnagar

ITSSA 427/AHD/2012

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 1554 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 12-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 12-02-2016
• Assessment Year: 2002-2003
• Appeal Filed On: 31-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAMES KUREIN
• Keywords: Tax effect
• Section: 234B; 154

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE S/SHRI RAJPAL YADAV, JM, & MANISH BORAD, AM ./IT(SS)A.NO.426 - 428/AHD/2012 ( / ASSTT YEARS : 2001-02 TO 2003-04 ACIT,CIR-1, BHAVNAGAR. VS. SHRI NILESHBHAI M. PAREKH, 1731/B, SARVODAYA SOCIETY, SARDAR NAGAR, BHAVNAGAR. PAN : AJEPP5933A (APPELLANT) (RESPONDENT) / APPELLANT BY: SHRI JAMES KUREIN, SR.DR / RESPONDENT BY: NONE. / DATE OF HEARING 12/02/2016 /DATE OF PRONOUNCEMENT 12/02/2016 / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER. THE APPEALS OF REVENUE ARE DIRECTED AGAINST THREE SEPARATE ORDERS OF LD. COMMISSIONER INCOME-TAX (APPEALS)-XX, AHMEDA BAD OF EVEN DATED 5.6.2012. FOR THE ASST. YEARS 2001-02 TO 2003 -04 RESPECTIVELY. ALL THE THREE ASSESSMENT ORDERS WERE FRAMED U/S 154 OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT) ON 31.12.2008 BY ACIT, CIR- 1, BHAVNAGAR. 2. SINCE THE ISSUES INVOLVED IN THESE APPEALS ARE C OMMON AND THE ASSESSEE IS THE SAME WE HAVE HEARD THE APPEALS TOGE THER AND THESE ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. IT(SS)A.NO.426-428/AHD/2012 - 2 3. THE GRIEVANCE OF THE REVENUE IS THAT THE LD.CIT( A) HAS ERRED IN CANCELLING THE ORDERS U/S 154 OF THE ACT PASSED BY THE AO CHARGING INTEREST U/S 234B OF RS.2,73,825/-, RS.3,63,149/- & RS.3,88,029/- FOR ASST. YEARS 2001-02 TO 2003-04 RESPECTIVELY. 4. NONE APPEARED ON BEHALF OF THE ASSESSEE. SO WE P ROCEED TO DECIDE THESE APPEALS AFTER HEARING THE LD. DR AND GOING TH ROUGH THE MATERIAL ON RECORD. AFTER GOING THROUGH THE RECORD, WE FIND THA T THESE APPEALS WERE PRESENTED ON 31.8.2012. ON 10.12.2015 THE CBDT HAS ISSUED INSTRUCTIONS BEARING NO. 21/2015 PROHIBITING ITS SUBORDINATE AUT HORITIES FROM FILING OF THE APPEAL TO THE TRIBUNAL AGAINST THE ORDER OF THE CIT(A) WHERE THE TAX EFFECT BY VIRTUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.10 LAKHS. THE INSTRUCTIONS HAVE BEEN MADE APPLICABLE WITH RET ROSPECTIVE EFFECT, MEANING THEREBY, THESE INSTRUCTIONS ARE APPLICABLE ON PENDING APPEALS ALSO. THE TAX EFFECT ON DELETION OF INTEREST IN TH ESE APPEALS WOULD BE LESS THAN RS.10 LAKHS FOR EACH YEAR. THE PRESENT APPEAL S DESERVE TO BE DISMISSED BEING TREATED TO BE FILED IN VIOLATION OF CBDT INSTRUCTIONS. THE CASE DOES NOT FALL WITHIN THE AMBIT OF EXCEPTIO NS PROVIDED IN THE INSTRUCTIONS. IT IS FURTHER OBSERVED THAT SINCE, W HILE HEARING THE APPEALS, SUCH FACTORS WERE NOT CONSIDERED, THEREFORE, IN CAS E, ON RE-VERIFICATION AT THE END OF THE AO, IT CAME TO THE NOTICE THAT THE T AX EFFECT IS MORE OR IT FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN TH E INSTRUCTION, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBU NAL FOR RECALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN FOU R YEARS OF THIS ORDER. IN VIEW OF THE ABOVE, THE APPEALS OF THE REVENUE AR E DISMISSED. IT(SS)A.NO.426-428/AHD/2012 - 3 4. IN THE RESULT, APPEALS OF THE REVENUE ARE DISMIS SED. ORDER PRONOUNCED IN THE COURT ON 12 TH FEBRUARY, 2016 AT AHMEDABAD. SD/- (MANISH BORAD) ACCOUNTANT MEMBER SD/- (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED, 12/02/2016 ! '!/ COPY OF THE ORDER FORWARDED TO : 1. $% / THE APPELLANT 2. &$% / THE RESPONDENT. 3. '(( ) * / CONCERNED CIT 4. ) * ( ) / THE CIT(A)- 5. !-. , ,012 /DR,ITAT, RAJKOT 6. .3 45 / GUARD FILE. ) ' / BY ORDER, ' (0 (ASSTT.REGISTRAR) ITAT, AHMEDABAD 1. DATE OF DICTATION .. : 12/02/2016 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER : 12/02/2016 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FO R PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P.S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 12 /02/2016 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATUR E ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER